McCullough, 031621 ARWC, H006782

• Case Date: March 16, 2021
• Court: Kansas

DWIGHT McCULLOUGH, EMPLOYEE CLAIMANT CITY OF MENIFEE, EMPLOYER RESPONDENT ARKANSAS MUNICIPAL LEAGUE, INSURANCE CARRIER/TPA RESPONDENT No. H006782 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission March 16, 2021          Hearing before Administrative Law Judge James D. Kennedy on March 16, 2021, in Little Rock, Pulaski County, Arkansas.           Claimant is represented by his attorney, Philip M. Wilson.           Respondents are represented by their attorney, Melisa Wood.           JAMES D. KENNEDY, ADMINISTRATIVE LAW JUDGE          STATEMENT OF THE CASE          A hearing was held in the above-styled matter on March 16, 2021, in Little Rock, Arkansas, on the respondents’ Motion to Dismiss for failure to prosecute pursuant to Ark. Code Ann. § 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act. The claimant was represented by Philip M. Wilson, who objected to the matter being dismissed by a letter dated February 3, 2021 and stated they would not be attending the scheduled hearing. The claim involved an injury where the respondents contended that the claimant passed out on October 6, 2020, and the claim was initially accepted as compensable, but is now controverted in its entirety. Discovery was propounded to the claimant and the responses have not been completed or returned. The claimant filed a Form AR-C on or about October 28, 2020, contending the injury occurred on August 10, 2020. It has been over six (6) months since the claimant contended that the injury occurred and the claimant has not sought any type of hearing before the Arkansas Workers’ Compensation Commission and has not responded to the propounded discovery. This lack of action led to the filing of a Motion to Dismiss by the respondents on February 1, 2021.          An appropriate notice setting this...